This chapter shall be known as the Wireless Communications Facilities
Ordinance. The purposes of this chapter are to assure that wireless
communications networks are completed in the least visible fashion,
and with the least disruptive impact on the neighborhoods and the
communities within the city of Rancho Mirage. The regulations set
forth in this chapter are adopted to serve, protect and promote the
public health, safety and welfare, and to preserve and enhance the
aesthetic qualities of the city of Rancho Mirage, as set forth in
the goals, objectives and policies of the general plan, while concurrently
allowing for the orderly and efficient development of a wireless communications
infrastructure in accordance with the Federal Telecommunications Act
of 1996. It is the public policy of this city to advance and preserve
the aesthetics of this city by the undergrounding and removal of all
overhead telephone and power poles, antennas and lines. Therefore,
while the present state of cellular technology may require the use
of above ground electronics or antennas, it is the policy of this
city that all cellular equipment and antennas shall be architecturally
disguised and hidden from public view. The location of all cellular
equipment shall also be in compliance with all standards, except height,
of the zoning district in which it is proposed.
(Ord. 778 § 1 (Exh. A),
2002)
This chapter applies to all wireless communications facilities
existing and proposed to be located within the corporate limits of
the city of Rancho Mirage, California. Including personal wireless
services as defined by the TCA and licensed by the Federal Communications
Commission, including, but not limited to, the types commonly known
as cellular, personal communications services (PCS), specialized mobile
radio (SMR), enhanced specialized mobile radio (ESMR), paging, land
based repeaters for satellite broadcast services, micro-cell antennae
and similar systems which exist now or may be developed in the future
and exhibit technological characteristics similar to them. This chapter
shall also apply to wireless communication facilities within public
rights-of-way except as prohibited by state and federal law.
Wireless communications facilities proposed to be located in Rancho Mirage may be constructed only pursuant to a permit issued by the city in accordance with this chapter and shall comply with Municipal Code Title
17 Zoning and all other applicable laws and regulations.
This chapter does not apply to hand held mobile phones, satellite
dishes less than eighteen inches in diameter, amateur radio facilities,
receiving antennae for AM and FM radio and television, which may be
governed by other laws including, but not limited to, city of Rancho
Mirage Municipal Code.
(Ord. 778 § 1 (Exh. A),
2002)
For the purposes of this chapter, the following definitions
apply. These definitions shall be adapted to the context for appropriate
grammatical tense, number, case and gender.
"Ancillary structures"
means any structure or device used to contain ancillary equipment
for a wireless communications facility, such as cabinets, shelters,
and additions to existing structures, pedestals, and other devices
serving similar purposes. Typically it includes an air conditions
unit, a heating unit, electrical supply, telephone hookup and back-up
power supply and may include any service roads or other access accommodations
used to service the facility.
"Antenna"
means a device or system of wires, poles, rods, dishes or
other devices of similar function, used for the transmission and/or
reception of radio frequency signals for wireless communications,
as described in the Telecommunications Act of 1996. It may include
an omnidirectional antenna (whip), a directional antenna (panel) and
parabolic antenna (disc). It does not include the support structure.
"Applicant/permittee"
means the person or firm applying for the permit and also
refers to the wireless communication facility service provider.
"Co-location"
means the use of a common wireless communications facility
or common site by two or more service applicant/permittees, or use
by one applicant/permittee of a single site for two or more technologies.
It is also called site sharing.
"Director"
means the director of community development, city of Rancho
Mirage.
"Facility"
means any component of the wireless communication installation
including any towers, antennae, and antenna array.
"PCS"
means personal communications service, as defined in the
TCA and Federal Communications Commission regulations.
"TCA"
means the Telecommunications Act of 1996.
"Wireless communication"
means any electronic wireless services as defined by the
TCA and/or licensed by the Federal Communications Commission, including,
but not limited to, the types commonly known as cellular, personal
communications services (PCS), specialized mobile radio (SMR), enhanced
specialized mobile radio (ESMR), paging, ground based repeaters for
satellite radio services, micro-cell antennae and similar systems
which exist now or may be developed in the future and exhibit technological
characteristics similar to them. Failure to describe any electronic
service shall not act as a limitation to these definitions.
(Ord. 778 § 1 (Exh. A),
2002)
Wireless communications facilities are encouraged to be located
in commercial, industrial and public/semi-public zoning districts
whenever feasible. Applicant/permittees are encouraged to site facilities
on existing commercial and industrial buildings. Co-location is encouraged
where enclosed within an integrated architectural element such as
a tower feature or behind a parapet wall on a building, but is discouraged
on artificial trees, flag poles, or other stealth designs because
of the anticipated difficulties in addressing visual impact.
(Ord. 778 § 1 (Exh. A),
2002; Ord. 1029 § 2, 2011)
Wireless communication facilities and ancillary structures require an application for a conditional use permit, which shall contain all information required by Section
17.32.070 (Supplementary materials).
(Ord. 778 § 1 (Exh. A),
2002)
The planning commission shall make recommendations to the city
council on applications made pursuant to this chapter and the city
council shall be the final reviewing authority; however, wireless
communication facilities which are to be completely enclosed within
an existing structure shall be subject to the review and approval
of the community development director.
(Ord. 778 § 1 (Exh. A),
2002; Ord. 818 § 6, 2002; Ord. 912 § 1, 2005)
A. Description
of Services. A description of the services the applicant/permittee
proposes to offer at the proposed site, including:
1. A
description of the location, type, capacity, field strength or power
density, and calculated geographic service area of the proposed antenna
or antenna array. The city retains the right to retain experts to
review and assess the technical data.
2. Documentation
that the applicant/permittee has obtained and is in compliance with
all applicable licenses, permits or authorizations required by the
Federal Communications Commission. A copy of the applicant's lease
with the property owner shall be submitted to the community development
department prior to issuance of a building permit for the wireless
communication facility. If the lease is extended or terminated, notice
and evidence thereof shall be provided to the director. Upon termination
or expiration of the lease, the wireless communication facility shall
be removed within ninety days or be considered abandoned.
3. Location
of all existing, proposed and anticipated wireless communications
facilities in the applicant/permittees network located in the city,
or within one-half mile of the city's corporate limit in any direction.
4. A
description of how the proposed facility fits into the applicant/permittee
network.
5. In
the instance where a facility is proposed within one hundred feet
of residential dwellings, schools, child day care centers and hospitals,
the applicant/permittee shall submit a narrative description of alternative
sites considered, if any, and include specific reasons these alternative
sites were not chosen.
6. If
in a residential zone, locate each of the closest commercial zones
and show why these sites were not chosen.
B. Design.
All project applications shall adhere to the following criteria and
describe location of site:
1. Site
Characteristics. Completely describe the physical characteristics
and location of the site.
2. Location
Relative to Residential Dwellings, Schools, Child Day Care Centers,
and Hospitals. Drawings shall include the location of all schools,
child day care centers, hospitals, and residential dwellings within
one hundred feet of the antenna array.
3. Addressing
Visual Impacts. All applications shall demonstrate how the proposed
wireless communications and ancillary structures shall be designed
so that observers will be unable to discern the presence of wireless
communications antenna or antenna array on the project site. This
objective shall be achieved through one or more of the following techniques:
a. Architecture. Enclosed within an integrated architectural element.
b. Stealth Design. The facility shall be designed to visually and operationally
blend into the surrounding area, in a manner compatible with the local
community character. The facility shall use the most quiet cooling
equipment and whisper emergency generating apparatus. Artificial trees
may be permitted in exceptional circumstances but are generally disfavored.
When artificial trees are proposed, all paint, materials and colors
shall be listed by manufacturer and color number. When an artificial
tree is proposed, the applicant/permittee shall provide sufficient
samples, models or other information to demonstrate that alternative
designs have been considered and rejected, and the reasons for the
rejections. Where artificial trees (monopalms) are proposed, a landscaping
and irrigation plan shall be submitted with the application that includes,
at a minimum, a cluster of live palm trees aesthetically similar to
the proposed monopalm. Live palm trees shall be planted that are in
reasonable proportion and height to screen the proposed monopalm.
In cases where flag poles are used to conceal telecommunications equipment,
the pole shall be located in a pedestrian plaza or formalized/enhanced
landscape setting and may not require additional screening. All ground
mounted equipment shall be effectively screened with an architectural
wall or placed underground.
c. Landscape Screening. The applicant/permittee shall provide a landscape
plan to screen the facility as part of the CUP submittal. When trees
are to be removed, the replacement tree shall be shown on the landscape
plan.
C. Operational
Plan. All applications for wireless communications facilities shall
include written assurances that the facilities shall be operated in
accordance with the following:
1. A
lighting plan must be included with the CUP application.
2. Maintenance.
All facilities, landscaping, and related equipment shall be maintained
in good working order and free from trash, debris, graffiti and designed
to discourage vandalism. Any damaged equipment shall be repaired or
replaced within twenty-four hours. Damaged, dead or decaying plant
materials shall be removed and replaced within ten days from the date
of notification.
3. Monitoring.
Once the wireless communications facility is operating, the city may,
if a legitimate concern regarding the facility arises, require the
applicant/permittee to submit documentation that the facility is operating
within the technical standards as described in the application and
the Federal Communications Commission permit. Independent field strength
or power density measurements shall be provided to the director within
thirty days of written request to the applicant/permittee.
Within thirty days before or after the first and second annual
anniversary of when the city issues any permit authorized by this
chapter, the applicant/permittee shall submit the following information,
in writing, to the director:
a. Confirmation that the facility continues to operate in compliance
with all terms and conditions of approval by the city.
b. Independent field strength measurements or power density plot taken
within the past thirty days that verify that the facility continues
to operate in compliance with all terms and conditions and emissions
standards imposed by the Federal Communications Commission.
c. Confirmation that the facility continues to function as an essential
element of the applicant/permittees network.
d. Documentation of any complaints received by the applicant/permittee
since the inception of operations regarding the operation and maintenance
of the facility, including the applicant/permittees actions to address
the complaints.
(Ord. 778 § 1 (Exh. A),
2002; Ord. 1029 § 2, 2011)
All wireless communications facilities which receive a permit
under this chapter shall be completed and operational within one hundred
eighty calendar days of the issuance of the permit and all related
permits or licenses. The construction time may be extended for an
additional one hundred eighty calendar days upon a showing of good
faith efforts to complete the facility, which shall take into account
complications beyond the control of applicant/permittee. If the facility
is not completed and operational by the end of the extension period,
then the permit shall expire, and the applicant/permittee must reapply
for the permit; however, this provision shall not apply when the applicant/permittee
demonstrates to the satisfaction of the director that the operational
delay is due entirely to factors beyond the control of the applicant/permittee,
in which event the director may extend the construction time in his
or her discretion.
Any facility that ceases operating for more than ninety consecutive
days shall be considered abandoned. In such an event the applicant/permittee
must either: (A) apply for all permits required at the time of expiration
to reactivate the operation; or (B) remove all elements of the facility
and restore the site. In the event the applicant/permittee fails to
apply for permits or perform the removal and restoration within these
ninety days, the property owner shall have the facility removed.
(Ord. 778 § 1 (Exh. A),
2002)
Notwithstanding any other provision of this chapter, the installation of wireless communication facilities and ancillary structures shall not be subject to any absolute height limit, provided the proposed facility addresses potential visual impacts as specified in Section
17.32.070(B)(3).
(Ord. 778 § 1 (Exh. A),
2002)
A. Modifications
to existing wireless communication facilities shall be submitted to
the planning commission for approval. The following modifications
may be approved by the community development director without the
filing of a new application for a conditional use permit.
1. An
increase of up to ten feet above the allowed height limit of the particular
zoning district for existing towers to accommodate an attached facility
on an existing structure; and
2. A
decrease of up to ten percent in setback requirements.
B. Modifications to wireless communication facilities, which are other than those identified by subsection
A, above, shall require approval of a conditional use permit in compliance with Chapter
17.48 and shall be submitted to the community development director.
C. Modification
for the purposes of this section means the addition of structures
or equipment to a previously approved installation. The term does
not include replacement of existing equipment or structures, provided
the replacement equipment or structure is substantially similar to
the pre-existing equipment or structure, and creates no new impacts
not addressed in connection with the previous approval.
(Ord. 778 § 1 (Exh. A),
2002; Ord. 912 § 2, 2005)
A. Modifications
to Existing Projects. Any modification to a wireless communication
facility existing at the time of the adoption of the ordinance codified
in this chapter shall be processed through a new conditional use permit
and the facility as modified shall comply with the standards contained
in this chapter.
B. All wireless communication facilities existing at the time of the adoption of the ordinance codified in this chapter shall either be removed or be modified through the approval of a new conditional use permit as specified in subsection
A above, on or before the tenth anniversary of the effective date of the ordinance codified in this chapter.
C. Notwithstanding the provisions of subsection
B above, the deadline for removal or modification of an existing wireless communication facility may be extended upon application by the owner of the facility, if the owner can demonstrate that as applied to the owners facility the amortization period stated in subsection
B is unreasonably short when considering factors including, but not limited to, the depreciated value of the facility to be removed or modified, the remaining useful life of the facility to be removed or modified, and the harm to the public that would result from the continued existence of the facility without modification.
(Ord. 778 § 1 (Exh. A),
2002)
Notwithstanding any other provision of this title, the installation
of a wireless communication facility and ancillary structures may
be permitted on a property on which there exists a nonconforming building,
structure, use, or site condition, provided the wireless communication
facility and ancillary structures are approved through a conditional
use permit as required by the chapter, except that such installations
shall not be permitted on any site on which there exists a nonconforming
sign.
(Ord. 778 § 1 (Exh. A),
2002)